Yara Blog


The Disparity between Reality and the Law: Marital Rape


Tuesday, February 12th, 2013  

www.fall2008rapeinfo.webs.com

www.fall2008rapeinfo.webs.com

It was the first mass of the new year, and the priest had decided to base the sermon on family values in accordance with the life of the

holy family. He preached about various habits of couples that ruined marriages, such as excessive drinking, gambling, adultery, abuse, etc. However, what really caught my attention was a question he addressed to the married couples about whether in their opinion a man could rape his wife. There was silence at first, but there came a resounding ‘yes’ from the congregation. According to these people, the answer was ‘yes’. It was indeed possible for a man to rape his wife. However, as a law student, I knew better. According to our laws, the answer should definitely not have been yes! Actually, it should have been a resounding ’no’.

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When the Law has No Power: The “Corrective Rape” Situation in South Africa


Thursday, January 10th, 2013  

www,icr.org

www,icr.org

South Africa has long been celebrated as the “Rainbow nation” because of her plurality and diversity. And, although South Africa was the first country to grant constitutional recognition to the protection of the rights of homosexuals, there appears to be a wide gulf between law and practice in this “progressive” state.

In recent times, there have been several cases of what has been termed “corrective rape” or “curative rape”. This refers to a situation where women who have sex with women (WSW) are sexually and brutally ‘punished’ by men for being gay and violating traditional gender presentation. Not long ago, on May 4, 2011, a 13 year old girl was raped near Pretoria, South Africa, because of her sexual orientation.  According to the young victim, her assailant told her he was “curing” her of lesbianism. This is just one of the many attacks on the dignity and bodily integrity of lesbian women. It is worth noting that such incidents of violence against WSW are not peculiar to South Africa but have also occurred in other African states like Zimbabwe and Uganda, as well as in Jamaica.

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THE RAPE CHRONICLES – A Place for Date Rape?


Friday, August 24th, 2012  

Date rape is the common term for non-consensual sexual (vaginal, anal, oral) intercourse that is forced (by way of physical force or

psychological coercion) on a person by someone that they know. Date rape is a complex and difficult area of criminal law, given the nature of the relationship between the victim and the accused.  However, most jurisdictions like ours, make no legal distinction between date rape and rape. This is even though it is well known that rape occurs far more often between people already acquainted than between strangers.

(Date) Rape cases may also take the form of emotional or financial coercion as opposed to the regular physical coercion. Where the rapist is placed in a higher position, he may use his position to harass and intimidate a woman to succumb to his sexual demands. By instilling fear through threats, a woman in that circumstance who succumbs can hardly be said to have given her consent. Where the rapists threatens to withhold or refuse promotions, money, examination results or anything due to the victim, the eventual intercourse would also fall under the heading of rape. In these cases, there will be no form of physical evidence.

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AFRICA – Does Poverty Stop Here?


Monday, June 4th, 2012  

www.southafrica-pig.blogspot.comA few years ago my room-mates and I watched a very unflattering foreign documentary supposedly about life in Lagos. It was as typical of most stories about Africa that one finds in mainstream Western news media – a veritable catalogue of woes. The visuals consisted almost exclusively of swampy slums with houses on stilts; there was hardly any information on the less grim aspects of the city. One of the scenes featured an interview with an adult male resident of a Lagos slum, conducted, dramatically, whilst the man excreted in the lagoon. I remember recoiling in vicarious shame at the rebarbative sight – the same way I presume parents must feel when publicly embarrassed by an ill-mannered child. In many ways it was depressing to watch, this depiction of Lagos as the desolate habitation of a forgotten people. I remember the heated arguments that broke out when a room-mate spoke out in defence of the documentary and called it an authentic depiction of the realities of life in Lagos.

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